ACLU says 6 sheriffs out of compliance with Ohio attorney general
By J.D. Davidson
The Center Square
Six county sheriffs in Ohio are under fire from the American Civil Liberties Union for housing immigrant detainees without legal authority.
In a letter to sheriffs in Butler, Fairfield, Fayette, Geauga, Lake and Seneca counties, as well as the director of corrections in Northwest Ohio, the ACLU-Ohio points to a recent opinion from Attorney General Dave Yost that says only county commissioners can enter into agreements with federal immigration officials.
Yost released the opinion earlier this week.
The opinion says a sheriff can enter into contracts with political subdivisions like municipalities, townships and school districts, but commissioners are responsible for county jails and must be the ones to approve those contracts.
“No law authorizes the county sheriff to unilaterally enter a contract with federal immigration authorities,” Yost said in his opinion. "A board of county commissioners, however, is authorized under R.C. 307.85(A) to enter contracts with the federal government for cooperation in federal programs."
ACLU-Ohio believes the opinion makes any contracts between sheriffs and U.S> Immigrations and Customs Enforcement officials invalid and lacks legal authority.
ALCU-Ohio is also demanding sheriffs in the six counties release immigrants currently being held.
“Attorney General Yost has made abundantly clear that all county agreements with ICE must be authorized by the board of county commissioners,” said Freda Levenson, legal director for ACLU of Ohio. “County sheriffs cannot bootstrap themselves into having this authority. Striking these agreements means there is no legal authority to hold the immigrants currently incarcerated in our county jails. The people detained under these invalid agreements are being held unconstitutionally and must be released immediately.”
The letter follows two lawsuits.
Last week, the Ohio Supreme Court said it wants to see evidence and briefs on whether the Geauga County Sheriff’s Office can keep records secret of its relationship with ICE and other federal agencies.
ACLU-Ohio filed that lawsuit in May.
Earlier in August, the group sued for public records from the Seneca County Sheriff’s Office that relate to documents and communications connected to its agreement with ICE to handle federal immigration functions.
The group filed a lawsuit with the Ohio Supreme Court after Sheriff Fredrick Stevens refused to release the information.